Publication date: 11.07.2024
Protection of consumer rights in the field of advertising
Advertising plays an important role in modern society, promoting business development and informing consumers about goods and services. However, advertising must comply with certain standards and rules to ensure honesty, reliability and safety for consumers. In this article, we will look at the main aspects of consumer protection in the field of advertising, the regulatory framework, consumer rights, protection mechanisms and the procedure for appealing against violations.
Legal and regulatory framework
Consumer protection in the field of advertising in Ukraine is regulated by several key legal acts:
TheLaw of Ukraine "On Advertising":
- The main law regulating the legal framework for advertising activities in Ukraine, sets out requirements for the content and form of advertising, rights and obligations of advertisers, advertisers and distributors of advertising, as well as liability for violations of the law in this area.
TheLaw of Ukraine "On Protection of Consumer Rights":
- Defines the legal framework for consumer protection, establishes consumer rights, obligations of advertisers and the procedure for reviewing consumer complaints about misleading or false advertising.
TheLaw of Ukraine "On Protection against Unfair Competition":
- Defines the legal framework for protection against unfair competition, including advertising that contains false or incomplete information, misleads consumers or discredits competitors.
Civil Code of Ukraine (CCU):
- Regulates contractual relations between advertisers, advertisers and distributors of advertising, defines the rights and obligations of the parties, and mechanisms for consumer protection.
Code of Ukraine on Administrative Offences (CUAO):
- Provides for administrative liability for violation of the requirements of the advertising legislation, non-compliance with the standards and rules of advertising activities.
Criminal Code of Ukraine (CCU):
- Establishes criminal liability for crimes in the field of advertising, including fraud, misleading consumers and other offences.
Orders and resolutions of executive authorities:
- Establish additional requirements to advertising of certain types of goods and services, regulate the procedure for reviewing complaints and imposing sanctions for violations of advertising laws.
Basic consumer rights in the field of advertising
The basic rights of consumers in the field of advertising, as defined by Ukrainian law, include:
Theright to accurate information:
- Consumers have the right to receive reliable, complete and understandable information about the goods and services advertised. Advertising should not be misleading or contain false information.
Theright to safety:
- Advertising should not cause harm to the health or safety of consumers, as well as contain scenes of violence, discrimination or other immoral elements.
Theright to protection from unfair advertising:
- Consumers have the right to be protected from advertising that contains false or incomplete information, is misleading, discredits competitors or violates ethical standards.
Theright to compensation for damages:
- In case of material or moral damage caused by improper advertising activities, consumers have the right to compensation for damages.
Theright to apply to courts and other consumer protection authorities:
- Consumers have the right to apply to courts, consumer protection authorities and human rights organisations to protect their rights.
Mechanisms for consumer protection
Ukrainian legislation provides for several mechanisms for consumer protection in the field of advertising:
Appeal to the advertiser or advertiser:
- In case of detection of false or unfair advertising, consumers have the right to apply directly to the advertiser or advertiser with a request to eliminate violations, replace or withdraw the advertisement.
Appealto consumer protection authorities:
- Consumers may file a complaint with the State Service of Ukraine on Food Safety and Consumer Protection or other competent authorities to protect their rights. Consumer protection authorities review complaints, inspect the activities of advertisers and advertisers, and apply enforcement measures in case of violations.
Judicialprotection:
- Consumers have the right to file lawsuits to protect their rights, including claims for damages, compensation for non-pecuniary damage, and an obligation to remedy violations.
Pre-trial dispute resolution:
- The legislation provides for the possibility of pre-trial settlement of disputes between consumers and advertisers or advertisers, including mediation, arbitration and other forms of alternative dispute resolution.
Appeal to human rights organisations:
- Consumers can turn to human rights organisations and lawyers to protect their rights and interests.
Procedure for appealing against violations of consumer rights
In case of violation of consumer rights in the field of advertising, consumers have the right to appeal against such violations in accordance with the established procedure:
Appealto the advertiser or advertiser:
- The first step is to contact the advertiser or advertiser's representative with a request to eliminate the violation. The request may be submitted in writing, stating the circumstances of the violation, the consumer's requirements and evidence (documents, photos, testimonies, etc.).
Filing acomplaint with consumer protection authorities:
- If an appeal to the advertiser or advertiser's representative is unsuccessful, the consumer may file a complaint with the State Service of Ukraine on Food Safety and Consumer Protection or another competent authority. The complaint must contain a detailed description of the violation, evidence and the consumer's demands.
Appeal to the court:
- If the complaint is not resolved, the consumer has the right to go to court. The court considers the claim, hears the parties, evaluates the evidence and makes a decision on the protection of consumer rights. The court may order the advertiser or advertiser's company to eliminate the violation, compensate for damages, compensate for non-pecuniary damage, etc. Legal marketplace "CONSULTANT" will help you solve any problem! All the necessary services at any time: analysis of documents, legal analysis of the situation, legal analysis of the situation, written advice, verification of documents by a lawyer, legal analysis of documents, legal opinion of a lawyer, legal opinion of a lawyer, legal analysis. Are you looking for an online lawyer or a lawyer online? Choose CONSULTANT - a lawyer is always at your side!
- Our legal opinion and legal opinion of a lawyer, legal analysis with a lawyer online and legal advice will help you at any time! Order a document review by a lawyer and general legal analysis right now! And with the services of a lawyer's consultation and document analysis with a written consultation - you will get the whole range of necessary services!
